The Federal High Court in Lagos has restrained Daar Communications Plc and the Nigerian Television Authority (NTA) from broadcasting any video documentaries against All Progressives Congress (APC) Vice-Presidential candidate Prof Yemi Osinbajo (SAN).
Justice John Tsoho made the order Wednesday following an ex-parte application by Osinbajo.
Daar Communications (owners of African Independent Television (AIT), NTA and the National Broadcasting Commission (NBC) are the respondents. The suit is numbered FHC/L/CS/277/2015.
Justice Tsoho ordered that status quo be maintained pending the hearing and determination of the applicant’s motion on notice for interlocuctory injunction.
The motion ex-parte, filed on March 10, was moved by Osinbajo’s counsel Mr. Femi Falana (SAN).
The judge ordered: “That an order of interim injunction shall be considered with notice to the respondents. Generally, however, the status quo as at today shall be maintained pending hearing and determination of the Motion on Notice.”
Justice Tsoho also granted the applicant leave to serve the Originating Summons and other accompanying court processes on the respondents in Abuja, which is outside the court’s jurisdiction.
Osinbajo had prayed for “an order of interim injunction restraining the respondents, their agents, privies, representatives and other media entities under the control of the third respondent (NBC) from any interference with or violation of the applicant’s right to dignity of human person, right to privacy and right to life and/or livelihood whether by means of publication or dissemination of any video documentary or by any means whatsoever pending the hearing and determination of the Motion on Notice for Interlocutory Injunction.
Justice Tsoho adjourned till tomorrow for hearing of the motion on notice.
Osinbajo alleged that the Peoples Democratic Party (PDP) had been sponsoring defamatory documentaries against him.
AIT and NTA had, for weeks, been broadcasting a documentary detailing the “atrocious” past of the APC presidential candidate, Gen. Muhammadu Buhari (retd.).
The station also aired a similar documentary on APC national leader, Asiwaju Bola Tinubu, chronicling his series of alleged financial misconduct.
Osinbajo maintained that the documentaries, which allegedly contained untrue information and injurious falsehood, constitute a personal attack on his person.
He argued that the videos were being aired in violation of his fundamental human right to dignity of human person, right to privacy and family virtue and right to life and/or livelihood as protected by Sections 33, 34 and 37 of the 1999 Constitution.
“Unless the respondents are restrained in the manner requested in this application, damages will be grossly inadequate to compensate or redress the unquantifiable, unwarranted and malicious damage to the applicant’s right to dignity of human person, right to livelihood and privacy guaranteed and protected under Sections 33, 34 and 37 of the 1999 Constitution of the Federal Republic of Nigeria.”
After listening to Falana’s submission, Justice Tsoho ordered that NTA and AIT and any other broadcast station should forthwith stop the broadcast of the damaging documentary which the applicant complained of until the determination of the substantive suit.
Tinubu had threatened to sue the management of Daar Communications for the defamatory content of the documentary.
His counsel Mr. Tunji Abayomi, through a letter delivered to Daar Communications, asked the organisation to apologise for the content and stop its airing.
The letter reads in part: “…You aired an hour-long documentary focusing on our client (Bola Tinubu). Clearly pre-occupied with political resentment and hatred neither warranted, necessary, proper, or justified, you published several false allegations against our client… More disturbing is your misrepresentation that the said documentary was “sponsored” without disclosing the “sponsors”. You cannot under law hide under media freedom to maliciously injure a citizen’s reputation”.
The letter also demanded N20 billion as cost of damage done to the reputation of Asiwaju Tinubu, failing which the client will sue the company.
“To affirm the right of our client against your defamatory publication, we demand that you confirm to us within 24 hours of receipt of this letter, an apology and retraction of the said publication/documentary,” the letter added.
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